Government
Friday, June 28, 2024
Supreme Court Gives Cities in California and Beyond More Power to Crack Down on Homeless Camps
Posted By Marisa Kendall/CalMatters on Fri, Jun 28, 2024 at 3:26 PM
The U.S. Supreme Court today granted cities more power to arrest, cite and fine people who sleep outside in public places — overturning six years of legal protections for homeless residents in California and other western states.
In Grants Pass v. Johnson, the court sided with Grants Pass in a 6-3 decision — ruling an ordinance passed by the Oregon city that essentially made it illegal for homeless residents to camp on all public property was not unconstitutional.
The much-anticipated decision overturns a prior influential Ninth Circuit appellate ruling, and means cities no longer are prohibited from punishing unhoused residents for camping if they have nowhere else to go. It will have major ramifications for how California leaders and law enforcement handle homeless encampments.
(Read more about the potential implications for Humboldt's homeless policies here.)
Activists supporting the civil rights of unhoused people decried the ruling, saying it could result in people getting arrested simply for being homeless.
“It will make homelessness worse, in California and Grants pass and across the country,” said Jesse Rabinowitz, spokesperson for the National Homelessness Law Center. “We know that throwing people in jail and giving them thousands of dollars in tickets makes it harder for them to find jobs, harder for them to find housing and harder for them to exit homelessness.”
But groups representing cities, counties, law enforcement organizations and business interests cheered the decision, saying it would finally allow for the removal of unsafe, unsanitary encampments. Even Gov. Gavin Newsom weighed in, filing a “friend of the court” brief in which he wrote: “Hindering cities’ efforts to help their unhoused populations is as inhumane as it is unworkable.”
Tuesday, June 25, 2024
Newsom: Dark Forces Are Threatening California
Posted By Alexei Koseff/CalMatters on Tue, Jun 25, 2024 at 5:57 PM
Months of speculation and complaints about when, or even if, Gov. Gavin Newsom would give his annual State of the State address ended this morning with more of a whimper than a bang.
At a few minutes past 10 a.m., Newsom posted a pre-recorded speech to his social media channels. Flanked by American and California flags, the Democratic governor solemnly warned that “the California way of life is under attack” by forces threatened by the state’s diversity, pluralism and innovative spirit.
“Our values and our way of life are the antidote to the poisonous populism of the right, and to the fear and anxiety that so many people are feeling today,” Newsom said. “For conservatives and delusional California bashers, their success depends on our failure.”
At a few minutes past 10 a.m., Newsom posted a pre-recorded speech to his social media channels. Flanked by American and California flags, the Democratic governor solemnly warned that “the California way of life is under attack” by forces threatened by the state’s diversity, pluralism and innovative spirit.
“Our values and our way of life are the antidote to the poisonous populism of the right, and to the fear and anxiety that so many people are feeling today,” Newsom said. “For conservatives and delusional California bashers, their success depends on our failure.”
Tuesday, June 18, 2024
Caltrans Selects Tunnel Option for Last Chance Grade
Posted By Kimberly Wear on Tue, Jun 18, 2024 at 2:44 PM
A resolution to the landslide issues that have plagued the narrow stretch of U.S. Highway 101 in Del Norte County known as Last Chance Grade is inching closer to reality.
In a decision years in the making, Caltrans recently announced the agency will pursue what’s been called Alternative F, which entails realigning the highway and constructing a mile-long tunnel to sidestep the problem area.
"After many generations of Del Norte County citizens traversing this fabled, continuously failing section of our state highway system, we have reached the conclusion to construct a tunnel with broad agreement among regional stakeholders,” Del Norte County Supervisor Chris Howard in a news release. “Del Norte County is grateful to our community, tribal, environmental and agency partners that have dedicated many years to finding a path forward."
The other option on the table — narrowed down from an original six, each with their own set of complicating factors — was continuing efforts to stabilize the 3-mile-long section of highway, an endeavor that has cost tens of millions in recent decades to maintain the vital artery that connects California's northernmost reaches to the rest of the state.
A catastrophic failure on the cliffside route that has seen regular closures for as long as it's been open could leave businesses in Humboldt and Del Norte cut off from their suppliers and customers, children separated from their schools and sever the only viable link between Del Norte County's southern residents and their seat of government.
The only other option is a 320-mile, seven-hour detour via U.S. Highway 199 to Interstate 5 to State Route 299.
Even with that milestone of selecting an alternative reached after extensive reviews and the collaborative effort of tribes, environmental groups, lawmakers and other stakeholders, the road ahead remains long.
In a decision years in the making, Caltrans recently announced the agency will pursue what’s been called Alternative F, which entails realigning the highway and constructing a mile-long tunnel to sidestep the problem area.
"After many generations of Del Norte County citizens traversing this fabled, continuously failing section of our state highway system, we have reached the conclusion to construct a tunnel with broad agreement among regional stakeholders,” Del Norte County Supervisor Chris Howard in a news release. “Del Norte County is grateful to our community, tribal, environmental and agency partners that have dedicated many years to finding a path forward."
The other option on the table — narrowed down from an original six, each with their own set of complicating factors — was continuing efforts to stabilize the 3-mile-long section of highway, an endeavor that has cost tens of millions in recent decades to maintain the vital artery that connects California's northernmost reaches to the rest of the state.
The only other option is a 320-mile, seven-hour detour via U.S. Highway 199 to Interstate 5 to State Route 299.
Even with that milestone of selecting an alternative reached after extensive reviews and the collaborative effort of tribes, environmental groups, lawmakers and other stakeholders, the road ahead remains long.
Wednesday, June 12, 2024
Grand Jury Blasts Eureka Schools' for Lack of Transparency, Due Diligence in Jacobs Deal
Posted By Thadeus Greenson on Wed, Jun 12, 2024 at 3:30 PM
After investigating Eureka City Schools’ decision to offload its former Jacobs Middle School site in a property exchange agreement with a mystery developer, the Humboldt County Civil Grand Jury has issued a report criticizing the district for a lack of transparency and due diligence.
“The Humboldt County Civil Grand Jury concludes that the Eureka City Schools Trustees acted hastily and without sufficient due diligence,” the report states, adding that while the district appears to have complied with the “technical requirements” of California’s open meeting laws, it violated “the law’s general intent for public participation and transparency in decision-making.”
In investigating the Dec. 14 property exchange agreement between Eureka City Schools and AMG Communities-Jacobs, LLC, in which the district agreed to transfer more than 8 acres of the Jacobs site to the mystery developer in exchange for a residential property on I Street and $5.35 million in cash, the grand jury says it interviewed district officials and advisors, reviewed meeting agendas and minutes, as well as media reports, and consulted with an expert in California open meeting laws.
“The Humboldt County Civil Grand Jury concludes that the Eureka City Schools Trustees acted hastily and without sufficient due diligence,” the report states, adding that while the district appears to have complied with the “technical requirements” of California’s open meeting laws, it violated “the law’s general intent for public participation and transparency in decision-making.”
In investigating the Dec. 14 property exchange agreement between Eureka City Schools and AMG Communities-Jacobs, LLC, in which the district agreed to transfer more than 8 acres of the Jacobs site to the mystery developer in exchange for a residential property on I Street and $5.35 million in cash, the grand jury says it interviewed district officials and advisors, reviewed meeting agendas and minutes, as well as media reports, and consulted with an expert in California open meeting laws.
Tuesday, June 4, 2024
Eureka Schools Amends Property Exchange Agreement, Sets Escrow Deadline
Posted By Thadeus Greenson on Tue, Jun 4, 2024 at 2:54 PM
Eureka City Schools has entered into an amended property exchange agreement with a mystery developer looking to acquire its old Jacobs Middle School site that stipulates the parties should close escrow on the deal on or before July 11.
Meanwhile, the California Highway Patrol seems to be back at the negotiating table for the old campus it had hoped to purchase and turn into its Northern Humboldt headquarters until the district, seemingly out of nowhere, entered into an exchange agreement with a newly formed company — AMG Communities-Jacobs, LLC — on Dec. 14.
CHP had not been included as an identified negotiating party in closed session agenda items regarding the Jacobs campus in the months immediately following the district board’s decision to exchange 8.35 acres of the Allard Avenue property for a small, residential property on I Street and a $5.35 million cash payment. But the district then resumed listing CHP as a negotiating party in April.
Superintendent Gary Storts said the district continues to work toward closing the exchange with AMG but the district remains in contact with CHP because it “has continued to express interest in the property.”
Meanwhile, the California Highway Patrol seems to be back at the negotiating table for the old campus it had hoped to purchase and turn into its Northern Humboldt headquarters until the district, seemingly out of nowhere, entered into an exchange agreement with a newly formed company — AMG Communities-Jacobs, LLC — on Dec. 14.
CHP had not been included as an identified negotiating party in closed session agenda items regarding the Jacobs campus in the months immediately following the district board’s decision to exchange 8.35 acres of the Allard Avenue property for a small, residential property on I Street and a $5.35 million cash payment. But the district then resumed listing CHP as a negotiating party in April.
Superintendent Gary Storts said the district continues to work toward closing the exchange with AMG but the district remains in contact with CHP because it “has continued to express interest in the property.”
Tuesday, May 28, 2024
Judge Kreis 'Censured and Barred' in Agreement to Close Ethics Case
Posted By Thadeus Greenson on Tue, May 28, 2024 at 3:53 PM
Former Humboldt County Superior Court Judge Greg Kreis has resolved the ethics complaint lodged against him by the Commission on Judicial Performance, admitting to 17 charges that he violated the code of judicial ethics and agreeing to be publicly censured, resign his position and never seek judicial office again.
Kreis, whose campaign to retain the seat he was appointed to in 2017 was rocked by the commission’s case against him and was soundly defeated at the polls in March, declined to comment when reached by the Journal.
The stipulation resolving the ethics case, which was approved by a unanimous vote of the commission, sees Kreis admit to 68 specific allegations of misconduct, though not the most salacious ones in the complaint initially filed against him.
“Much of Judge Kreis’ misconduct relates to his failure to disclose his relationships with seven attorneys; his familiarity with individuals involved in matters before him; or the extent of his relationships with the individuals, in at least 44 cases over which he presided,” the stipulation states. “This type of misconduct is serious. The purpose of California’s statutory disclosure requirements is to ensure public confidence in the judiciary. A judge’s persistent failure to comply with these requirements reflects an unacceptable lack of concern about the public’s perception of the integrity and fairness of the judiciary.”
Kreis, whose campaign to retain the seat he was appointed to in 2017 was rocked by the commission’s case against him and was soundly defeated at the polls in March, declined to comment when reached by the Journal.
The stipulation resolving the ethics case, which was approved by a unanimous vote of the commission, sees Kreis admit to 68 specific allegations of misconduct, though not the most salacious ones in the complaint initially filed against him.
“Much of Judge Kreis’ misconduct relates to his failure to disclose his relationships with seven attorneys; his familiarity with individuals involved in matters before him; or the extent of his relationships with the individuals, in at least 44 cases over which he presided,” the stipulation states. “This type of misconduct is serious. The purpose of California’s statutory disclosure requirements is to ensure public confidence in the judiciary. A judge’s persistent failure to comply with these requirements reflects an unacceptable lack of concern about the public’s perception of the integrity and fairness of the judiciary.”
Tuesday, May 21, 2024
Crime / Education / Government
Cal Poly Readying to Turn Protest Police Reports Over to DA
Posted By Thadeus Greenson on Tue, May 21, 2024 at 5:04 PM
Cal Poly Humboldt’s University Police Department is wrapping up its criminal investigation into the week-long occupation of Siemens Hall by pro-Palestine demonstrators and associated vandalism, and expects to turn the case over to prosecutors tomorrow, a university spokesperson tells the Journal.
At least 33 people were arrested in association with the demonstrations on campus that began April 22 and prompted administrators to shutter the campus, threatening students, faculty and staff who violated the “hard closure” order with citation or arrest. While those arrested were booked into jail on suspicion of trespassing, resisting arrest and unlawful assembly, all have since been released from custody and Humboldt County District Attorney Stacey Eads tells the Journal no charging decisions have yet been made, as she’s still awaiting investigative reports. Cal Poly Humboldt spokesperson Aileen Yoo says those will mostly likely be turned over to Eads’ office tomorrow.
At its May 7 meeting, the Cal Poly Humboldt University Senate voted overwhelmingly to pass a resolution calling on Eads not to prosecute the students and professor arrested during the protests.
At least 33 people were arrested in association with the demonstrations on campus that began April 22 and prompted administrators to shutter the campus, threatening students, faculty and staff who violated the “hard closure” order with citation or arrest. While those arrested were booked into jail on suspicion of trespassing, resisting arrest and unlawful assembly, all have since been released from custody and Humboldt County District Attorney Stacey Eads tells the Journal no charging decisions have yet been made, as she’s still awaiting investigative reports. Cal Poly Humboldt spokesperson Aileen Yoo says those will mostly likely be turned over to Eads’ office tomorrow.
At its May 7 meeting, the Cal Poly Humboldt University Senate voted overwhelmingly to pass a resolution calling on Eads not to prosecute the students and professor arrested during the protests.
Monday, May 13, 2024
Crime / Emergency / Government
Sheriff's Office IDs Deputy Who Shot Suspect
Posted By Thadeus Greenson on Mon, May 13, 2024 at 4:28 PM
The Humboldt County Sheriff's Office has identified the deputy who fatally shot a shooting suspect last month as Lt. Conan Moore, who remains on paid administrative leave.
According to the Sheriff's Office, Moore was responding to the scene of the report that a 75-year-old woman had been shot in Cutten and arrived to find Kevin Jeffrey Burks, who matched the suspect description, fleeing the scene. Burks reportedly then entered a residence, after which deputies set up a perimeter. Burks, 32, is alleged to have exited the home a short time later, "pointing a firearm in the direction of deputies." According to the Sheriff's Office, Burks "refused commands" before Moore shot him in the chest. He died about a week later in a local hospital.
The 75-year-old woman was transported to an out-of-area hospital for treatment for her gunshot wound and has since been released to a rehabilitation facility to undergo continued treatment, according to the release.
Moore has been with the Sheriff's Office for 15 years, according to the release, which is copied in its entirety below.
According to the Sheriff's Office, Moore was responding to the scene of the report that a 75-year-old woman had been shot in Cutten and arrived to find Kevin Jeffrey Burks, who matched the suspect description, fleeing the scene. Burks reportedly then entered a residence, after which deputies set up a perimeter. Burks, 32, is alleged to have exited the home a short time later, "pointing a firearm in the direction of deputies." According to the Sheriff's Office, Burks "refused commands" before Moore shot him in the chest. He died about a week later in a local hospital.
The 75-year-old woman was transported to an out-of-area hospital for treatment for her gunshot wound and has since been released to a rehabilitation facility to undergo continued treatment, according to the release.
Moore has been with the Sheriff's Office for 15 years, according to the release, which is copied in its entirety below.
Wednesday, May 8, 2024
Crime / Emergency / Government
Man Shot by Deputy Last Month Dies
Posted By Thadeus Greenson on Wed, May 8, 2024 at 7:00 AM
Kevin Jeffrey Burks, the 32-year-old man shot by a Humboldt County Sheriff's deputy on April 25 in Cutten, died Friday, May 3, the Sheriff's Office announced today.
Burks, who is alleged to have shot and injured a 75-year-old woman on Fern Street before police were called to the scene, was transported to a local hospital for treatment from the scene. According to the sheriff's office, deputies responding to a report of the initial shooting spotted Burks heading west toward Walnut Avenue and contacted him at gunpoint. He then reportedly fled into a nearby residence and emerged a short time later "pointing a firearm in the direction of the deputies," according to the press release. According to a press release issued the day of the shooting, Burk "refused commands" and was shot by a deputy.
The case remains under investigation by the multi-agency Humboldt County Critical Incident Response Team and more information will be released after a forensic autopsy is performed, which is anticipated by the end of the week.
The Sheriff's Office asks anyone with information about the shootings to call it at (707) 445-7251 or its crime tip line at (707) 268-2539.
See the full release copied below:
Burks, who is alleged to have shot and injured a 75-year-old woman on Fern Street before police were called to the scene, was transported to a local hospital for treatment from the scene. According to the sheriff's office, deputies responding to a report of the initial shooting spotted Burks heading west toward Walnut Avenue and contacted him at gunpoint. He then reportedly fled into a nearby residence and emerged a short time later "pointing a firearm in the direction of the deputies," according to the press release. According to a press release issued the day of the shooting, Burk "refused commands" and was shot by a deputy.
The case remains under investigation by the multi-agency Humboldt County Critical Incident Response Team and more information will be released after a forensic autopsy is performed, which is anticipated by the end of the week.
The Sheriff's Office asks anyone with information about the shootings to call it at (707) 445-7251 or its crime tip line at (707) 268-2539.
See the full release copied below:
Tuesday, May 7, 2024
CPH University Senate Calls for Independent Investigation into Protest Response
Posted By Thadeus Greenson on Tue, May 7, 2024 at 8:39 PM
Meeting at the Arcata Community Center because the Cal Poly Humboldt campus remained guarded by police under a hard closure, the University Senate voted overwhelmingly this afternoon to pass resolutions calling on the Humboldt County District Attorney to drop all charges against students and faculty involved in the pro-Palestinian protests that caused administration to shutter campus April 27.
In a separate resolution also overwhelmingly passed at the meeting, the Senate called for an independent investigation into “events and related decision-making process that followed the April 22, 2024 student protest actions.”
In a separate resolution also overwhelmingly passed at the meeting, the Senate called for an independent investigation into “events and related decision-making process that followed the April 22, 2024 student protest actions.”
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